ed, after serving that writ on Bassett,
Bassett went to Wheeler and treated it as a jest. But Wheeler looked
puzzled, and Bassett himself, on second thoughts, said he should like
advice of counsel. Accordingly they both went up to London to a
solicitor, and obtained an interview with a counsel learned in the law.
He heard their story, and said, "The question is, can you convince a
jury he was insane at the time?"

"But he can't get into court," said Bassett. "I won't let him."

"Oh, the court will make you produce him."

"But I thought an insane person was civiliter mortuus, and couldn't
sue."

"So he is; but this man is not insane in law. Shutting up a man on
certificates is merely a preliminary step to a fair trial by his peers
whether he is insane or not. Take the parallel case of a felon. A
magistrate commits him for trial, and generally on better evidence than
medical certificates; but that does not make the man a felon, or
disentitle him to a trial by his peers; on the contrary, it entitles
him to a trial, and he could get Parliament to interfere if he was not
brought to trial. This plaintiff simply does what, he will say, you
ought to have done; he tries himself; if he tries you at the same time,
that is your fault. If he is insane now, fight. If he is not, I advise
you to discharge him on the instant, and then compound."

Wheeler said he was afraid the plaintiff was too vindictive to come to
terms.

"Well, then, you can show you discharged him the moment you had reason
to think he was cured, and you must prove he was insane when you
incarcerated him; but I warn you it will be uphill work if he is sane
now; the jury will be apt to go by what they see."

Bassett and Wheeler retired; the latter did not presume to differ; but
Bassett was dissatisfied and irritated.

"That fellow would only see the plaintiff's side," said he. "The fool
forgets there is an Act of Parliament, and that we have complied with
its provisions to a T."

"Then why did you not ask his construction of the Act?" suggested
Wheeler.

"Because I don't want his construction. I've read it, and it is plain
enough to anybody but a fool. Well, I have consulted counsel, to please
you; and now I'll go my own way, to please myself."

He went to Burdoch, and struck a bargain, and Sir Charles was to be
shifted to Burdoch's asylum, and nobody allowed to see him there, etc.,
etc.; the old system, in short, than which no better has as yet been
de